Spiralista

General Terms and Conditions

I. Definitions of terms used

1.1 "Application":
The mobile application of the Operator (see 1.6 of GT&C) called "Spiralista", available for mobile devices using iOS operating systems (version 12 & higher) and Android (version 10 & higher).The main objective of the application is to enable the User (see 1.13 of GT&C) to access physiotherapeutic exercise techniques of the Spiral Stabilization method, which is designed mainly for the treatment and prevention of back pain, scoliosis, disc herniation, problems after surgery, etc. In particular, the application allows you to:

For the purposes of these GT&C, the "Application" also means its individual parts.

1.2 "E-shop":
The Operator's online shop (see 1.6 of GT&C) available in the Interface (see 1.11 of GT&C), through which the Goods can be bought (see 1.16 of GT&C).

1.3 "Licence":
Non-exclusive authorization to use the Application under conditions laid out in these GT&C (see point 1.15 of GT&C).

1.4 "Civil Code":
Act No. 89/2012 Sb (Civil Code), as amended.

1.5 "Payment method":
The method of payment of the Subscription (see 1.7of GT&C), depending on the operating system used by the User's mobile device (see 1.13 of GT&C), with a payment card stored in the settings of the relevant electronic marketplace, namely:

1.6 "Operator":
The company Spiralista s.r.o., Identification No. 05376025, with its registered office at Karlova 933/7, Maloměřice, Brno, Postal Code 614 00, registered in the Commercial Register administered by the Regional Court in Brno, File C 94996, e-mail: info@Spiralistaa.com, tel.: +420 606 602 502. The Operator is also the seller of Goods (see 1.16 GT&C) when purchasing through the E-shop available in the Interface (see 1.11 of GT&C).

1.7 "Subscription":
The Operator's remuneration for access to the Application paid by the User (see 1.13 of GT&C). The amount of the Subscription is specified in the Interface (see 1.11 of GT&C) and depends on how long the Application is made available to the User (e.g. monthly or annual Subscription).

1.8 "Log-in information":
A unique combination of the User's e-mail address (see 1.13 of GT&C) and the User's chosen password, which he or she saves in the Operator's database when setting up the User's user account (see 1.14 of GT&C).

1.9 "Registration":
The moment when the User is entered in the Operator's database (see 1.15 of GT&C) and the User account (see 1.14 of GT&C) is set up (after clicking on the activation link sent to the User's e-mail address).

1.10 "Registration form":
An electronic document in which the User (see 1.13 of GT&C) fills out and stores his or her identification and contact details for the purpose of Registration in the Operator's Application via the Interface (see 1.11 of GT&C). /p>

1.11 "Interface":
The mobile user interface of the Operator's Application through which the User (see 1.13 of GT&C) can access the content of the Application under the conditions laid down in these GT&C (see 1.15 of GT&C).

1.12 "Agreement":
A separate contract concluded between the Operator and the User (see 1.13 of GT&C), the subject matter of which is the obligation of the Operator to enable the User to access the Application under the conditions laid down in these GT&C (see 1.15 of GT&C) and the obligation of the User to pay the Subscription for gaining access to the Application.

1.13 "User":
The User is any natural person who, outside the scope of his or her business activities and/or outside the scope of independent performance of his or her profession, enters into an Agreement with the Operator and/or otherwise deals with him or her.

1.14 "User Account":
A non-public user interface available in the Operator's Application through which the User can manage his or her personal profile and access the content of the Application after paying the applicable Subscription.

1.15 "GT&C":
These General Terms and Conditions, as amended.

1.16 "Goods":
Different kinds and/or types of exercise equipment that is available from the E-shop and that can be purchased from the Operator.

II. Fundamental provisions

2.1 These GT&C regulate the relations between the Operator and the User when accessing the Operator's Application, and other related relations.

2.2 By registering the User account, as defined in 3.2 of GT&C, the User confirms that he or she has read the GT&C and that he or she fully agrees to them.

2.3 Provisions deviating from the GT&C can be agreed in the Agreement. Specific arrangements in the Agreement shall supersede the provisions of GT&C.

2.4 The Provisions of the GT&C are an integral part of the Agreement. The Agreement and the GT&C are drawn up in the Czech and English languages. In case of discrepancies between the Czech and English versions, the Czech language version shall prevail.

2.5 The wording of the GT&C may be amended or supplemented by the Operator. The Operator undertakes to inform the User of the planned amendment and/or supplement to the GT&C in electronic form to the e-mail address specified in the User's user account, at least 14 days before the day the new wording of the GT&C enters into force. In addition, the Operator shall display to the User the information about the planned amendment and/or the GT&C supplement through the Interface. In such a case, the User is entitled to send the Operator his disagreement with the GT&C thus amended and/or supplemented in electronic form within 14 days from the day of communicating the amendment and/or supplement to the GT&C. The Agreement between the Operator and the User shall thus continue to be governed by the original wording of the GT&C.

2.6 If the Operator does not receive the User's notification in accordance with point 2.5 of GT&C within the specified period, on the effective date of the amended and/or supplemented version of GT&C, the Agreement between the Operator and the User shall be governed by the amended and/or supplemented version of the GT&C. This provision does not affect the rights and obligations arising during the period in which the original version of the GT&C was in effect.

2.7 Legal relations between the Operator and the User not expressly regulated by these GT&C or the Agreement concluded by and between the Operator and the User are governed by the relevant provisions of the Civil Code, Act No. 634/1992 Sb., on consumer protection, as amended, as well as related legislation.

2.8 The purpose of the Agreement. The User acknowledges and agrees that the purpose of the Application is not to replace or supplement treatment procedures, methods, information and/or consultations provided by the User's attending or specialist physician; the subject matter of the Agreement is not the provision of healthcare or other professional services. By concluding the Agreement with the Operator, the User acknowledges and agrees that the Operator does not bear responsibility for the User's health, for which the User is fully responsible himself or herself; the User is obliged, based on his or her current state of health, to evaluate himself or herself (including a possible consultation with his or her attending or specialist physician) whether he or she can use the Application without risk.

III. User account

3.1 If the User wishes to access the Operator's Application, he or she will install the Application on his or her mobile device and fill in his or her identification details and long-in information in the Registration form, in particular:

The User may also fill out the Registration form with the above information using third-party services (e.g. Facebook Connect or Google Sign-in); in such a case, the User must give consent to this procedure and confirm the transmission of selected data in favour of the Operator.

3.2 The User completes his or her registration in the Operator's Application by clicking the button in the "Register" section. To verify the User's identity, the Operator shall send the User an activation link to the e-mail address provided during the Registration. The User will activate the User account by clicking the activation link. At this moment, the User's User account is created.

3.3 Based on the User Registration according to point 3.2 VOP of the GT&C, the User may access his or her User account where he or she fills out other personal details, in particular:

3.4 When filling out the details in the User account, the User is obliged to provide accurate and honest information. By filling out the details in the User account the User confirms that he or she is entitled to enter and use the data within the User account. The User may supplement and/or modify the data provided in the User account. The User is obliged to update the data provided in the User account when they change. The Operator considers the data provided by the User in the User account to be accurate, true and current.

3.5 Access to the User account is secured by Log-in information. The User must choose Log-in information that will ensure his or her account security (e.g., he or she must make the Long-in from a combination of upper- and lower-case letters and numbers and he or she must not use an easily detectable text containing e.g., names, surnames or dates of birth). The User must change his or her Log-in information regularly and keep it confidential. The User may access the Application only from mobile devices with updated secure operating system. The User acknowledges and agrees that the Operator does not bear responsibility for breach of the obligations specified in point 3.5 of the GT&C on the side of the User.

3.6 The Operator may, at his or her discretion, close and/or temporarily suspend the User's access to the user account, especially if the User has not concluded an Agreement with the Operator pursuant to Article IV of the GT&C for a period longer than 12 months, and/or the User is in material breach of his or her obligations arising from the Agreement (incl. GT&C), namely:

In such a case, the User is not entitled to Subscription refund or its proportional part.

3.7 The User acknowledges that the User account may not be continuously available, especially with regard to the necessary maintenance of the Operator's hardware and/or software equipment, or the necessary maintenance of hardware and/or software equipment of third parties

3.8 The User is not entitled to set up more than one User account for one e-mail address. The minimum age for using the Application is not set; however, it depends on the relevant conditions for setting up and using Google Account or Apple ID (depending on the operating system of the User's mobile device).

3.9 The Operator reserves the right to contact the User any time in order to verify the information provided in the User account.

3.10 The Operator reserves the right to change and/or delete the information provided in the User's User account without giving a reason. The User shall be informed about this fact without undue delay.

3.11 Any information provided by the User in the User account is part of the database made by the Operator. This information becomes part of the Operator's database and the User does not acquire any right for it.

IV. Agreement

4.1 The Interface contains Subscription variants which remain valid until they are displayed in the Interface. This provision does not limit the Operator's possibility to agree on an individual amount of Subscription with the User.

4.2 The Agreement between the Operator and the User is concluded at the moment the User pays the applicable Subscription. The User acknowledges that he or she is bound by this Agreement from the moment of the conclusion of the Agreement and that he or she is obliged to fulfil the Agreement according to the agreed contractual conditions (incl. these GT&C). The User acknowledges that the Operator is not obliged to make the Application available to the User without concluding the Agreement.

4.3 Request for fulfilment of the Agreement before the expiry of the withdrawal period. In accordance with the provisions of § 1823 of the Civil Code, the User expressly requests the Operator to make the Application available to him or her immediately after the conclusion of the Agreement, thus enabling the User to use the Application during the statutory 14-day period for withdrawal from the Agreement. The User acknowledges and agrees that by making the Application available immediately after the conclusion of the Agreement and enabling the User to use the Application, the Operator fulfils his or her obligation to carry out the services under the Agreement. At the same time, the Operator expressly informs the User (within the provisions § 1837 letter a) of the Civil Code) that the User has no right to withdraw from the Agreement if he or she requested the Operator to start providing the services during the statutory 14-day period for withdrawal from the Agreement, and the Operator provided the services (i.e., he or she made the Application available and enabled the User to use it).In such a case, the User's letter of withdrawal from the Agreement will not be considered by the Operator.

4.4 The Agreement is negotiated for a fixed term, when the duration of the Agreement depends on the amount of the agreed Subscription (e.g., a month or a year).

4.5 The Agreement may only be amended and/or supplemented by mutual agreement between the Operator and the User.

4.6 By concluding the Agreement, the User is allowed to use the Application in its current version. If the Operator creates a higher version (a so-called upgrade) of the Application, he or she shall notify the User via the operating system of the User's mobile device. In such a case, it is up to the User to choose whether he or she will install this higher version (the so-called upgrade) of this Application on his or her mobile device.

4.7 If the Application allows the User to create and store his or her own personalised exercise plans, these personalised exercise plans are only stored within the Interface (not on the User's mobile device). If the Agreement is terminated, the User loses access to this part of the content of the Application, including video recordings and/or audio recordings and all created and/or stored exercise plans in the Interface.

4.8 The User acknowledges and agrees that if he or she does not pay the applicable Subscription, the Agreement is not concluded and the User has access only to his or her User account and a limited content of the Application or its functionalities.

4.9 Information on the current paid Subscription is available within the operating system of the User's mobile device, as well as in the settings of the User account (My progress> Settings>Subscription).

4.10 The User agrees to the use of means of distance communication when entering into the Purchase Agreement with the Operator. The costs incurred by the User when using the means of distance communication in connection with the conclusion of the Agreement according to the GT&C (the cost of internet connection and phone calls) shall be borne by the User himself/herself.

4.11 The User is entitled to terminate the Agreement at any time through the operating system settings of the User's mobile device; however, in such a case, the User is not entitled to Subscription refund or its proportional part.

4.12 If the Agreement is concluded for an already existing User account, such Agreement shall be governed by the GT&C valid on the date of the conclusion of the Agreement (incl. the current amount of the Subscription). If the Agreement is automatically extended (see 7.4 of the GT&C), such an Agreement shall be governed by the GT&C valid on the date of the automatic extension of the Agreement (incl. the current amount of the Subscription).

V. Licence

5.1 The User acknowledges and agrees that all content of the Application is the exclusive property of the Operator, or the Operator is the holder of a licence and/or a sublicence provided by a third party. The User is thus not entitled to use the Application in any other way than expressly stated in these GT&C without the prior written consent of the Operator.

5.2 In connection with 5.1 of the GT&C, the Operator provides the User with a non-exclusive right to exercise the right to use the Application (Licence) for his or her private use only.

5.3 The User acknowledges that by being granted the non-exclusive licence he or she does not become the holder of moral rights and/or copyright to the Application.

5.4 The Licence is granted without territorial limitation, for the duration of the Agreement and with quantitative restrictions arising from these GT&C (see 3.8 of the GT&C). The User acquires the Licence on the date of the conclusion of the Agreement. The User is not obliged to use the Licence; this does not affect the provisions of 3.6. of the GT&C. For the purposes of these GT&C, the application of the provisions § 2000 of the Civil Code is forbidden.

5.5 The User is not entitled to provide the rights acquired by the Agreement (sublicense) in whole or in part to third parties. The User is not entitled to rent, lease, lend or otherwise allow a third party to use the Application.

5.6 The User is not entitled to assign the Licence, in whole or in part, to a third person without the prior written consent of the Operator, within the provisions of § 2364 of the Civil Code.

5.7 The User is not entitled to modify, change or combine the Application with another author's work, or to include it in a collective work, even for the purpose of removing any defects, or translate it into another language than the original language of the Application.

5.8 The Licence is provided for a fee, which is already included in the agreed Subscription. The fee will be fully settled with the payment of the Subscription. This does not affect the provisions of 7.5 of the GT&C.

5.9 The User is not entitled to register the Application in the form of industrial rights, for any territory.

5.10 If the Application includes copyrighted works created by a third party – a subcontractor – on the basis of a subcontractor relationship with the Operator, the Operator grants the User a non-exclusive sublicence to use these copyrighted works, in the same quantity, territory and time as the Operator grants the Licence under article V of the GT&C. Pursuant to point 5.10 of the GT&C, the provisions of Article V of the GT&C shall apply mutatis mutandis in relation to the sublicence.

5.11 The provisions of Article V of the GT&C also include the use of higher versions of the Application (the so-called upgrade) according to point 4.6 of the GT&C.

VI. Availability

6.1 The Application is continuously available; this does not affect the provisions of point 3.7 of the GT&C.

VII. Subscription and terms of payment

7.1 The User acknowledges and agrees that he or she must pay the Operator a Subscription for making the Application available. The amount of the Subscription depends on the period for which the Agreement is negotiated (e.g., monthly or annual Subscription. The User shall also bear the costs associated with any bank charges. All variants of the Subscription specified in the Interface are contractual and include VAT.

7.2 The User is not obliged to pay any other costs or charges associated with access to the Application than those explicitly stated in these GT&C.

7.3 Subscription can only be paid via the Payment method (see point 1.5 of the GT&C).

7.4 Automatic renewal. Unless the User notifies the Operator that he or she does not wish to continue accessing the Application (e.g., via the operating system settings of the User's mobile device), and thus he or she does not wish the Agreement to continue, but no later than on the last day of the Agreement, the Agreement will be automatically renewed under the same contractual terms. The Subscription will be automatically deducted on the day of the automatic renewal via the Payment method.

7.5 The Operator may, at his or her discretion, allow the User to use the Application free of charge for a certain period of time after the Registration of the User account; this does not affect the provision of point 5.8 of the GT&C. After the expiry of this period, point 7.4 of the GT&C shall apply mutatis mutandis.

7.5 The Subscription is considered paid on the day the Subscription is credited in full to the relevant bank account of the Operator.

VIII. Rights arising from defective performance

8.1 The rights and liabilities of the contracting parties regarding the Operator's liability for defects in the Application are governed by the relevant general binding rules (especially the provisions of § 1914 et seq. of the Civil Code).

8.2 The Operator is liable to the User for the fact that the Application is in compliance with the Agreement, in particular that it is defect-free. Compliance with the Agreement means that the Application has the characteristics provided for by the Agreement, described by the Operator or his/her representative, or expected on the basis of advertising, or the characteristics are common to a thing of this kind. Compliance with the Agreement also means that the Application complies with the requirements of legislation and corresponds to the purpose stated by the Operator for the use of the thing or for which the thing is usually used.

8.3 If the Application does not comply with the Agreement, the User has the right to have the Operator bring the Application into conformity with the Agreement free of charge and without undue delay by repairing it; if this is not possible, the User may request an appropriate reduction in the Subscription or withdraw from the Agreement. This does not apply if the User knew about the lack of conformity on concluding the Agreement, or he or she caused the lack of conformity himself/herself. A lack of conformity with the Agreement which becomes apparent within 6 months of concluding the Agreement shall be deemed to exist on concluding the Agreement unless it contradicts the nature of the Application or the contrary is proven.

8.4 The User's rights arising from the Operator's liability for defects in the Application are exercised by the User with the Operator. (see point 1.6 of GT&C).

IX. GDPR

9.1 The Operator processes and protects personal data provided by the User in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27. 04. 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (general regulation on personal data protection) and Act No. 110/2019 Sb., on the Processing of Personal Data, as amended. Detailed rules for the processing and protection of personal data are set out in the section "My progress > Settings> Personal Data Protection".

X. Withdrawal from the Agreement

10.1 The User may withdraw from the Agreement if the contracting parties agree and/or if it is established by law.

10.2 The User acknowledges that, pursuant to the provisions of § 1837, letter a) of the Civil Code, it is not possible, among others, to withdraw from the Agreement for the provision of services if the services were provided with his or her prior express consent before the expiry of the withdrawal period and the Operator informed the User that in such a case the User has no right to withdraw from the Agreement (see point 4.3 of the GT&C).

10.3 If it is not a case specified in point 10.2 of GT&C or another case when it is not possible to withdraw from the Agreement, the User has the right to withdraw from the Agreement in accordance with the provisions of § 1829, Section 1 of the Civil Code, within 14 days of the conclusion of the Agreement. In the case of withdrawal from the Agreement, the Agreement is annulled from the beginning.

10.4 Pursuant to the provisions of § 1834 of the Civil Code, if the User withdraws from the Agreement, the subject matter of which is the provision of services, and the Operator begins performance before the expiry of the withdrawal period on the User's explicit request (see point 4.3 of the GT&C), the Operator is entitled to a proportional part of the Subscription for access to the Application until the moment of withdrawal from the Agreement. In such a case, the Operator shall return the User the remaining part of the Subscription without undue delay after the delivery of the letter of withdrawal from the Agreement, but no later than 14 days of the User's withdrawal from the Agreement, using the Payment method specified by the User.

10.5 To withdraw from the Agreement, the User may use the following withdrawal template; however, it is not an obligation.

Withdrawal template (the relevant parts of the text must be completed):
Notice of withdrawal from the Agreement

I hereby declare that I withdraw from the Agreement of ... (the date) associated with the User account ...

10.6 The User may hand over the Letter of Withdrawal from the Agreement in writing, either in person or via a postal services provider to the Operator's shipping address or e-mail address (see point 1.6 of GT&C) (according to the User's choice).

10.7 The User is also entitled to contact the following inspection authority (applies to the Czech Republic) with complaints (if the User concludes that legal rights of consumers have been violated by the Operator):

Česká obchodní inspekce
Štěpánská 567/15
120 00 Praha 2
http://www.coi.cz/

within 1 year from the date of the first claim against the Operator. In this regard, the Operator refers the User to the wording of Act No. 634/1992 Sb., Consumer Protection Act, as amended.

XI. Final provisions

11.1 These GT&C have been valid since 01.09.2020.

11.2 The User acknowledges that the Operator does not bear responsibility for errors caused by third party interventions in the Application and/or as a result of using the Application contrary to its purpose.

11.3 The User acknowledges that the software and/or other components that make up the Application are protected by copyright and/or industrial law. The User undertakes not to carry out any activities that could allow him or her and/or third parties to interfere or use the software and/or other components that make up the Application.

11.4 The User is aware that by concluding the Agreement, gaining access to the Application or using the Application, he or she does not acquire any rights arising from copyright, rights related to copyright and/or industrial rights, unless otherwise stated.

11.5 If the relation connected with the access or use of the Application and/or legal relation established by the Agreement contains an international (foreign) element, then the parties agree that the relation is governed by Czech law. This provision does not affect the mandatory provisions of legal regulations concerning the protection of consumer rights valid in countries other than the Czech Republic.

11.6 The Operator is entitled to operate the Application on the basis of a trade licence and the Operator's activity is not subject to any other permit. Trade licensing is performed by the relevant trade licensing office within the scope of its competence.

11.7 If any provision of the GT&C is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning as is close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

11.8 The Agreement, including the GT&C, is archived with the Operator in electronic form and is not accessible. The Operator shall issue one copy of the Agreement to the User in the form of an electronic confirmation of the Registration of the User's User account, sent to his or her e-mail address specified in the User account.

11.9 The Operator is not bound by any codes of conduct within the provisions of § 1826, subsection 1 letter e) of the Civil Code.